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We are interested in a home in Pine, CO that is a "for sale by owner". Since I have no experience in this area, we are going to get a real estate lawyer. I just wanted to know if it is required and what does it involve.
answered on Nov 17, 2016
No, a lawyer is not required. Real estate lawyers primarily do two things for residential real estate: (1) draft sale agreements and (2) review various agreements. A lawyer is not required for either and the overwhelming majority of sales have no lawyers involved. An agent (or for sale by owner... View More 
I am a broker is a class and there is a question if there is a limit to a listing agreement. I had read something about Colorado having a 1 year term for contracts. Is that true?
answered on Nov 15, 2016
The term of the listing is defined by the listing contract. Colorado prevents an indefinite listing agreements, but does not give a firm cut-off period. Look at the approved listing agreement form the CO Division of Real Estate--section 3:... View More
Thru the RealEstate Co even tho the contract has expired?
answered on Nov 14, 2016
Since you are referring to the listing agreement, I assume that you are the seller. Review your listing contract. Most contracts have an "exclusive" listing period and many contracts also have a "blackout" period after the exclusive period to catch sellers who try to wait-out a... View More
Scenario: Male and Female own a house together in Denver, CO. They were together but not Married or Common Law. They Both are on the mortgage as owners. Male and Female ended relationship. Male stayed at the location and female has not lived there for 6 months.
answered on Nov 13, 2016
No, you and the woman are co-owners. If you seek a court order forcing her to leave, the home must be put up for sale (or you can offer to buy-out her portion).
Our mother won't listen to council given by son currently working for her and threatens to fire him on a regular basis. Her current decision making seems to not be in the best interest for the ranch and it's a mutual feeling that she may end up destroying the ranch.
answered on Nov 13, 2016
If your mother lawfully inherited the property, she has the right to do anything with the property that she wants (including running range into the ground). If you feel your mother lacks mental capacity, you can look into declaring her mentally incompetent (be warned this should only be considered... View More
A landowner has 60 acres he wants to subdivide into a minor development. It has been zoned AG for 21 years. The other landowners own and maintain the private road which he uses for access. He wants to have the property re-zoned to AR for a subdivision. The road is not county maintained. The... View More
answered on Nov 10, 2016
As a condition to approval of the rezoning and subdividing, the planning department and/or zoning officials will have to assess whether there is adequate and legal access to the proposed lots. In addition to a primary access point, most development plans also must have a secondary access for... View More
The landlord rented a house to his daughter and two friends. the utilities are in his daughters name and after he tried to presen a fake lease to our third roommate, and she found out, she decided to move out of the house before signing the lease. I also decided to move out as the landlord told us... View More
answered on Nov 8, 2016
Review the lease agreement for any discussion of utilities. It is possible that you must pay your allocation portion of the utilities for the period in which you resided in the home. It is very unlikely that you would be personally liable for utilities after you terminated the lease. If the... View More
This landlord is a business owner and shared the space with me. In my lease it states that I was not to smoke anything indoors. I am a cigarette smoker of about 15 years now. I do NOT smoke inside because it sticks in everything and absolutely will not. I do not throw my butts on the ground because... View More
answered on Nov 8, 2016
Without seeing the area I cannot say for certain, but you likely have no reasonable expectation of privacy in a public or outside area. There is nothing improper or illegal in filming a public space. As for private property, the answer gets a little more complicated. Unless the filming is in a... View More
I'm told technically the contract is not valid. I ask because my uncle singed the contract, and I was under the impression that the contractor is responsible to fulfill his obligations under the contract to the person signing, regardless of whether or not the person signing is on the actual... View More
answered on Nov 2, 2016
It is not a requirement that the party contracting for services on real estate be on the deed. However, as a general rule contracted work on any property requires the consent of the owner. Based on your facts, it would be imputed that your uncle had implicit authority to act as your agent (via his... View More
Can he do this as he is the sellers agent. Also with a home inspection there have been problems arising regarding disclosures from seller ect. Do I need a real estate lawyer and should I use one referred by sellers broker?
answered on Oct 26, 2016
Brokers can handle a sale for both the buyer and seller, but there are limitations. Specifically, the broker is an agent of the seller and cannot (and should not) provide any advice or opinions to the buyer. In short, the broker should not assess whether the offer is a "good deal" or... View More
This tree is in my yard that is approximately 60-80 feet high. A good portion of the tree encroaches my neighbors yard (airspace) which consequently drops leaves and small branches into her yard. I intend on trimming tree soon but the constant harassment from my neighbor by throwing leaves,... View More
answered on Oct 18, 2016
Here is a rather complete discussion of the issue. http://www.hindmansanchez.com/resources/article/what-to-do-when-a-neighbors-tree-strays/
Hope it helps.
Her animals are noisy and smelly. Feces runs into a creek nearby. Dogs bark all through the night.
answered on Oct 15, 2016
Contact the city. A zoning violation is not a civil matter that you can litigate yourself (there are some exceptions).
Bought house 11 months ago. Right after I moved in I smelled a sewage smell. I texted with the previous owner asking if he had ever smelled this. He wrote back "yes" that he smelled it when he lived there. We went back on forth on text so I quite a bit of documentation that he knew of... View More
answered on Oct 15, 2016
Contact a real estate attorney. The sewage smell probably should have been disclosed (the facts determine if disclosure is reasonable).
I bought a house 11 months ago. The closing documents stated the owner needed to inspect and repair boiler prior to closing. He did not do so. closing documents say this requirement "survives" closing. I had it inspected by 4 boiler companies with quotes ranging from $6775 to $100k.... View More
answered on Oct 15, 2016
Contact a real estate attorney. From your facts it appears that the seller breached the contract.
I have been in the same hotel for 9 months. Always pay them never owe money. This is where we live. The owners have constantly banged on my door and yelled at us. Stopped my child and yelled at him. They have rules posted that say no guests after 9. We dont have people over after 9. Now he is... View More
answered on Oct 14, 2016
Longer-term use of a hotel can be classified as a landlord tenant relationship. However, the term can be significantly lower (daily or weekly versus months or a year). Yelling and banging at the door may qualify as a violation of the temporary lease agreement (but this is likely pushing the law).... View More
I am trying to get a variance on covenants that were written in 1969. I live in an equine subdivision and want to have 4H projects and chickens, but would need a variance to permit this. The board says no Variances period. However the Chairman of the board has established a commercial business... View More
answered on Oct 12, 2016
If the HOA has refused the variance, the only option is litigation. This will be an uphill battle, but you can reasonably claim discrimination via unreasonable/inconsistent application of the variance procedures. Contact a real estate attorney (this is not the type of case that a pro se party is... View More
answered on Oct 12, 2016
It depends on the disclosure form. Usually, disclosure is not required for information unrelated to the property you own (and are selling), but some disclosure forms can ask for broader disclosures.
He tried to run for the HOA board.The mgmt. company doesn't really want him on the board so they have put in a 2 year live in the community clause. Now they are saying he hasn't been a resident until I added him to the deed. Don't we have joint tenancy and wasn't that from when... View More
answered on Oct 10, 2016
By default under Colorado law, property purchased by a single spouse (or titled/deeded to only one spouse) is jointly owned by the spouses (unless a prenuptial applies). In short you are correct, your husband should meet the 2 yr residency requirement whether or not he is on the deed.
As... View More
answered on Oct 6, 2016
Yes, but the buyer will likely forfeit the down payment associated with the contract.
Reckless Endangerment? Law violations?
answered on Oct 6, 2016
Not enough information is provided to make an assessment. Talk to a local attorney.
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